{"@context":"https://schema.org","@type":"DigitalDocument","altText":"Public administrative PDF \u2014 case-20f2fbf9d925 entry #28","alternateName":"needs-review-8ecbb23fe7-911974_26_Gillio_Lopes_v_Kathleen_M_Hochul_et_al_EXHIBIT_S__28.pdf","caption":"","contentUrl":"https://lucycraig.blog/media/759/raw","datePublished":"2026-11-05T23:40:11+00:00","description":"","encodingFormat":"application/pdf","identifier":"759","isAccessibleForFree":true,"machineReadable":{"json":"https://lucycraig.blog/media/759/index.json","markdown":"https://lucycraig.blog/media/759/index.md"},"name":"Public administrative PDF \u2014 case-20f2fbf9d925 entry #28","ocrStatus":"ready","ocrText":"--- Page 1 ---\nExhibit 2 \n \n \nFILED: ALBANY COUNTY CLERK 11/05/2026 04:54 PM\nINDEX NO. 911974-26\nNYSCEF DOC. NO. 28\nRECEIVED NYSCEF: 11/05/2026\n\n--- Page 2 ---\nFrom:\nAndrew T. Miltenberg\nTo:\nteny@agilawgroup.com; abhimani@hackermurphy.com; asash@bushellsovak.com;\nmcuccaro@shertremonte.com; aconlon@shertremonte.com; jknox@hackermurphy.com; jaydeeipad@gmail.com;\nebernstein@nylegaljustice.com; nino@lamalaw.com; rsweeney@mgmlaw.com; ptm@spsk.com; Jeremy Saland\nCc:\nLillian Cannon; Juliette Jampolsky; Stuart Bernstein; Kirsten Roy; Tara J. Davis\nSubject:\nAlbany - Special Proceedings - CPLR Article 78 - <ASSIGNMENT OF INDEX NUMBER> 911974-26 (Gillio Lopes v.\nKathleen M. Hochul et al)\nDate:\nFriday, October 30, 2026 3:16:59 PM\nAttachments:\n1 - Petition.pdf\n2 - Affirmation.pdf\n3 - OSC.pdf\nLopes Reply 10.27.26 FINAL (002).pdf\nAs some of you know, we represent Gillio Lopes.\nSeveral weeks ago, we commenced an Article 78 proceeding in Albany\nCounty seeking to remove Attorney General Letitia James from personally\nacting as Special Prosecutor in the Cornell matter. Our moving papers are\nattached.\nOur application is based, among other things, on the following statement\nAttorney General James posted on her official X account on September 28,\n2026:\nWhat this young woman has been forced to endure is horrific and\nunacceptable. I\u2019m holding her in my heart and in my prayers. To\nher, and to all survivors: you\u2019re not alone. We stand with you.\nThree days later, on October 1, Attorney General James was appointed\nSpecial Prosecutor.\nAs our papers explain, Gillio\u2019s position is that this was more than a\ngeneralized expression of compassion. The statement concerned Jane Doe and\nthe very allegations Attorney General James was subsequently appointed to\ninvestigate. In our view, this statement could reasonably be understood as\naccepting disputed aspects of Doe's account before James was appointed to\ninvestigate, prejudicing the defendants and depriving them of the right to an\nimpartial investigation.\nOral argument was held yesterday before Justice James Farrell. The\nCourt focused principally on the absence of the other parties potentially\naffected by the requested relief and the practical consequences of granting\nrelief in a proceeding involving only Gillio.\nThe Court has given us until November 5 to address the issue of joinder.\nWe therefore intend to make the appropriate filing so that each potentially\nFILED: ALBANY COUNTY CLERK 11/05/2026 04:54 PM\nINDEX NO. 911974-26\nNYSCEF DOC. NO. 28\nRECEIVED NYSCEF: 11/05/2026\n\n--- Page 3 ---\naffected individual has an opportunity to be heard.\nPlease let us know whether your client:\n1. wishes to join Gillio in supporting the requested relief;\n2. intends to take no position; or\n3. opposes the requested relief.\nNothing about joinder requires your client to adopt Gillio\u2019s factual or legal\npositions, or those of any other individual. Each client remains separately\nrepresented and free to take whatever position counsel and client determine is\nappropriate.\nIf your client supports the application, we can coordinate with you regarding\nthe appropriate procedural submission reflecting that position.\nThis email is intended as advance notice and to ascertain your client\u2019s\nposition. Given the November 5 deadline, we would appreciate hearing from\nyou promptly. We will proceed with the appropriate filing in accordance with\nthe Court\u2019s direction whether or not we receive a response.\nGillio\u2019s position remains straightforward: the investigation should proceed\nfully and fairly, but it should be directed by a prosecutor who expressed no\nprior public view concerning the disputed events and can follow the evidence\nwherever it leads.\nI am available over the weekend at \n.\nThank you.\nAndrew\n\u00a0\n\u00a0\nAndrew T. Miltenberg, Partner\n363 Seventh Avenue, 5th Floor\nNew York, NY 10001-3904\nFILED: ALBANY COUNTY CLERK 11/05/2026 04:54 PM\nINDEX NO. 911974-26\nNYSCEF DOC. NO. 28\nRECEIVED NYSCEF: 11/05/2026\n\n--- Page 4 ---\nFILED: ALBANY COUNTY CLERK 11/05/2026 04:54 P INDEX NO. 911974~26\nNYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/05/2026\n212.736.4500 \u00a2 212.736.2260 fax\nVeard \u00a2\u00b0 nmilplaw.com\nry Chambers e \u00a2 Chambers \u00a2 \u00a2 Chambers ry\ne RANKED IN () e SPOTLIGHT ) SPOTLIGHT f )\nQRiusa 7 \u00ae& gf 4\na rd | rd = 2g\n> etl => > = ~\nBB oo26@ @ >oo256@ #2026 @\nNesenoff & Miltenberg,LLP Nesenoff & Miltenberg,LLP Nesenoff & Miltenberg, LLP\nNOTICE: This communication may contain privileged or other confidential information. If you have\nreceived it in error, please advise the sender by reply email and immediately delete the message and any\nattachments without copying or disclosing the contents.\n","text":"--- Page 1 ---\nExhibit 2 \n \n \nFILED: ALBANY COUNTY CLERK 11/05/2026 04:54 PM\nINDEX NO. 911974-26\nNYSCEF DOC. NO. 28\nRECEIVED NYSCEF: 11/05/2026\n\n--- Page 2 ---\nFrom:\nAndrew T. Miltenberg\nTo:\nteny@agilawgroup.com; abhimani@hackermurphy.com; asash@bushellsovak.com;\nmcuccaro@shertremonte.com; aconlon@shertremonte.com; jknox@hackermurphy.com; jaydeeipad@gmail.com;\nebernstein@nylegaljustice.com; nino@lamalaw.com; rsweeney@mgmlaw.com; ptm@spsk.com; Jeremy Saland\nCc:\nLillian Cannon; Juliette Jampolsky; Stuart Bernstein; Kirsten Roy; Tara J. Davis\nSubject:\nAlbany - Special Proceedings - CPLR Article 78 - <ASSIGNMENT OF INDEX NUMBER> 911974-26 (Gillio Lopes v.\nKathleen M. Hochul et al)\nDate:\nFriday, October 30, 2026 3:16:59 PM\nAttachments:\n1 - Petition.pdf\n2 - Affirmation.pdf\n3 - OSC.pdf\nLopes Reply 10.27.26 FINAL (002).pdf\nAs some of you know, we represent Gillio Lopes.\nSeveral weeks ago, we commenced an Article 78 proceeding in Albany\nCounty seeking to remove Attorney General Letitia James from personally\nacting as Special Prosecutor in the Cornell matter. Our moving papers are\nattached.\nOur application is based, among other things, on the following statement\nAttorney General James posted on her official X account on September 28,\n2026:\nWhat this young woman has been forced to endure is horrific and\nunacceptable. I\u2019m holding her in my heart and in my prayers. To\nher, and to all survivors: you\u2019re not alone. We stand with you.\nThree days later, on October 1, Attorney General James was appointed\nSpecial Prosecutor.\nAs our papers explain, Gillio\u2019s position is that this was more than a\ngeneralized expression of compassion. The statement concerned Jane Doe and\nthe very allegations Attorney General James was subsequently appointed to\ninvestigate. In our view, this statement could reasonably be understood as\naccepting disputed aspects of Doe's account before James was appointed to\ninvestigate, prejudicing the defendants and depriving them of the right to an\nimpartial investigation.\nOral argument was held yesterday before Justice James Farrell. The\nCourt focused principally on the absence of the other parties potentially\naffected by the requested relief and the practical consequences of granting\nrelief in a proceeding involving only Gillio.\nThe Court has given us until November 5 to address the issue of joinder.\nWe therefore intend to make the appropriate filing so that each potentially\nFILED: ALBANY COUNTY CLERK 11/05/2026 04:54 PM\nINDEX NO. 911974-26\nNYSCEF DOC. NO. 28\nRECEIVED NYSCEF: 11/05/2026\n\n--- Page 3 ---\naffected individual has an opportunity to be heard.\nPlease let us know whether your client:\n1. wishes to join Gillio in supporting the requested relief;\n2. intends to take no position; or\n3. opposes the requested relief.\nNothing about joinder requires your client to adopt Gillio\u2019s factual or legal\npositions, or those of any other individual. Each client remains separately\nrepresented and free to take whatever position counsel and client determine is\nappropriate.\nIf your client supports the application, we can coordinate with you regarding\nthe appropriate procedural submission reflecting that position.\nThis email is intended as advance notice and to ascertain your client\u2019s\nposition. Given the November 5 deadline, we would appreciate hearing from\nyou promptly. We will proceed with the appropriate filing in accordance with\nthe Court\u2019s direction whether or not we receive a response.\nGillio\u2019s position remains straightforward: the investigation should proceed\nfully and fairly, but it should be directed by a prosecutor who expressed no\nprior public view concerning the disputed events and can follow the evidence\nwherever it leads.\nI am available over the weekend at \n.\nThank you.\nAndrew\n\u00a0\n\u00a0\nAndrew T. Miltenberg, Partner\n363 Seventh Avenue, 5th Floor\nNew York, NY 10001-3904\nFILED: ALBANY COUNTY CLERK 11/05/2026 04:54 PM\nINDEX NO. 911974-26\nNYSCEF DOC. NO. 28\nRECEIVED NYSCEF: 11/05/2026\n\n--- Page 4 ---\nFILED: ALBANY COUNTY CLERK 11/05/2026 04:54 P INDEX NO. 911974~26\nNYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/05/2026\n212.736.4500 \u00a2 212.736.2260 fax\nVeard \u00a2\u00b0 nmilplaw.com\nry Chambers e \u00a2 Chambers \u00a2 \u00a2 Chambers ry\ne RANKED IN () e SPOTLIGHT ) SPOTLIGHT f )\nQRiusa 7 \u00ae& gf 4\na rd | rd = 2g\n> etl => > = ~\nBB oo26@ @ >oo256@ #2026 @\nNesenoff & Miltenberg,LLP Nesenoff & Miltenberg,LLP Nesenoff & Miltenberg, LLP\nNOTICE: This communication may contain privileged or other confidential information. If you have\nreceived it in error, please advise the sender by reply email and immediately delete the message and any\nattachments without copying or disclosing the contents.\n","thumbnailUrl":"https://lucycraig.blog/media/759/thumb.webp","transcriptStatus":"not_applicable","transcriptText":"","url":"https://lucycraig.blog/media/759"}